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2025 DAILYLAW 194501 (ALL)

GYAN CHANDRA TRIPATHI AND 10 OTHERS v. STATE OF U.P. AND 6 OTHERS

WRIC/34047/2025 · 2025-10-08

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34047 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. Heard learned counsel for the petitioner and learned Standing Counsel. By means of present petition filed under Article 226 of the Constitution, petitioner has prayed quashing of the lease proposal dated 14.11.2007 finally lease granted by the Land Management Committee on 5.10.2023 having due approval of the Sub Divisional Magistrate/Officer concerned who is competent authority to grant lease under the U.P. Z.A. & L.R. Act, 1950 . It is argued by learned counsel for the petitioner that these lands in question were subject matter of lease granted by Irrigation Department and petitioner has been in possession over and above the land prior to date of vesting when U.P. Z.A. & L.R. Act, 1950, came into force. In our considered view , if the petitioner is setting up a claim that land is not covered under U.P. Z.A. & L.R. Act, 1950 and he is having still subsisting lease rights, he ought to have made an application before Sub Divisional Magistrate or to the District Magistrate for recalling of the lease for it having been executed in favour of the persons/villagers under the U.P. Z.A. & L.R. Act, 1950 illegally. At this stage, learned counsel for the petitioner submits that he may be permitted to give liberty to approach District Magistrate, Chandauli. In view of above, we dispose of this petition with a direction to the petitioner to approach the District Magistrate, Chandauli by making complaint against lease rights given to the private individuals under the order dated 5.10.2023 and in the event any such complaint is made, the District Magistrate shall consider and examine the same and shall dispose of the same after putting to notice the lease holders giving them reasonable opportunity of hearing and to the petitioner, as well as Irrigation Department, as expeditious as possible preferably within a period of three months. October 9, 2025 Sanjeev Versus Counsel for Petitioner(s) : Murali Manohar Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. ( Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Gyan Chandra Tripathi And 10 Others .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad